NG BOON TECK v. NG WING YING AND OTHERS

NG BOON TECK v. NG WING YING AND OTHERS

Because the company passed a written special resolution pursuant to section 116B resolving that it should be wound up by the court under section 177(1)(a), and there was no opposition, the court granted the petition and ordered the company to be wound up with the petitioner's costs (except today's costs) to be paid out of the company's assets.

Citation
NG BOON TECK v. NG WING YING AND OTHERS
Parties
Petitioner: NG BOON TECK; 1st Respondent: NG WING YING; 2nd Respondent: NGT HONG KONG BESTFIT TECHNOLOGY & ENGINEERING COMPANY LIMITED; 3rd Respondent: LIM BONG GUAN; 4th Respondent: CHOO KIM HIONG; 5th Respondent: CHIA SWEE BENG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 May 2008
Case Number
HCCW850/2005
Procedural Posture
Winding Up Petition Under the Companies Ordinance / Order Made (judgment Dated 19 May 2008)
Outcome
Petition granted; company to be wound up by the Court.
Legal Topics
Winding Up, Written Resolution, Special Resolution, Costs
Source Language
EN
Company Law Insolvency Law Winding Up Written Resolution Special Resolution Costs

Case Brief

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Parties

NG BOON TECK

Petitioner

NG WING YING

1st Respondent

NGT HONG KONG BESTFIT TECHNOLOGY & ENGINEERING COMPANY LIMITED

2nd Respondent

LIM BONG GUAN

3rd Respondent

CHOO KIM HIONG

4th Respondent

CHIA SWEE BENG

5th Respondent

Procedural Posture

Winding Up Petition Under the Companies Ordinance / Order Made (judgment Dated 19 May 2008)

Legal Issues

  1. 1 Whether the company should be wound up by the court under section 177(1)(a) based on a written special resolution under section 116B
  2. 2 Whether the re-amendment of the petition was properly permitted
  3. 3 Allocation of costs

Ratio Decidendi

Because the company passed a written special resolution pursuant to section 116B resolving that it should be wound up by the court under section 177(1)(a), and there was no opposition, the court granted the petition and ordered the company to be wound up with the petitioner's costs (except today's costs) to be paid out of the company's assets.

Court Disposition

Petition granted; company to be wound up by the Court.

Orders

  • NGT Hong Kong Bestfit Technology & Engineering Company Limited be wound up by the Court.
  • The petitioner's costs, save for the costs of today, are to be paid out of the assets of the company.